| 1. | Include an Introduction whenever court rules allow — unless your case is so straightforward factually and legally that you conclude that an Introduction is unnecessary. The more complicated the case, the more grateful readers are to receive an Introduction. |
| 2. | The Summary largely rephrases points that appear explicitly in the brief. But the Introduction conveys the soul of the brief — the core point that lingers in every word on every page, but that might never appear explicitly. |
| 3. | Think of an Introduction as a cookbook’s description of a dish. By contrast, think of the Summary of Argument as the recipe for that dish. The description of the dish’s subtle flavors, radiant color, and irresistible smell need to make the chef want to follow the recipe. The recipe simply tells the chef how to cook the dish and signals that doing so is easy and sensible. |
| 4. | Keep a Summary of Argument short. Keep an Introduction very short. |
| 5. | Take special care to ensure that you do not refer to unfamiliar terms, people, or concepts in your Introduction. |
| 6. | The Introduction can and usually should include some choice facts. The Summary of Argument ordinarily summarizes only your argument, not the facts. That said, it can certainly include facts that aid one of your arguments. |
| 7. | If the court in which you are litigating prohibits you from including an Introduction or a Summary of Argument, consider weaving them into some other section. |
| 8. | In writing trial motions, include a Preliminary Statement that combines your Introduction and your Summary of Argument concisely. |